Grant v. State

• Decision Date: 10 April 1915
• Docket Number: A-2149.
• Citation: 147 P. 328,11 Okla.Crim. 421,1915 OK CR 30
• Parties: GRANT v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

147 P. 328

11 Okla.Crim. 421, 1915 OK CR 30

GRANT v. STATE.

No. A-2149.

Court of Criminal Appeals of Oklahoma

April 10, 1915

Syllabus by the Court.

The information alleged that the defendant did "unlawfully knowingly, willfully sell, barter, give away and otherwise furnish spirituous, vinous, fermented and malt liquors and imitations thereof and substitutes therefor, to wit, whisky beer, ale and wine." Held, not duplicitous, as it only charges an unlawful sale, and the words, "and otherwise furnish," may be rejected as mere redundance.

The credibility of witnesses is a question solely for the jury's determination; and, to reverse a judgment on the ground that the verdict is contrary to law and to the evidence, this court must find as a matter of law that the evidence is insufficient to warrant the conviction.

Appeal from County Court of Pottawatomie County; Hal Johnson, Judge.

Burt Grant, convicted of a violation of the prohibitory law appeals. Affirmed.

Pitman & Goode, of Shawnee, for plaintiff in error.

Chas West, Atty. Gen., and S. I. McElhoes, Asst. Atty. Gen., for the State.

DOYLE P.J.

This appeal is from a judgment rendered on the 25th day of September, 1913, wherein the court sentenced the defendant in accordance with the verdict of the jury to confinement in the county jail for a period of 150 days and to pay a fine of $410, and costs, taxed at $58.95.

The evidence shows that Willis Yandell, Stonewall Morgan, Willis Bugg, and D. J. Abbott were in the defendant's place and drank whisky and beer, and D. J. Abbott paid for the drinks. Yandell on cross-examination said the defendant was not the man who sold the drinks. Stonewall Morgan testified that he did not know whether or not the defendant was the man who sold the drinks. Willis Bugg testified that the defendant, Burt Grant, was the man who sold the drinks. His cross-examination showed that he had been convicted three times for violations of the prohibitory law. J. L. Ginn testified that he followed the other witnesses into the defendant's place of business, and the defendant was there at that time.

In proof of the payment by the defendant of the special tax required of liquor dealers by the United States, a certified copy of the records of the office of the collector of internal revenue for the district of Oklahoma was introduced, showing the payment of such special tax by Wm. B. Grant for the year ending July 1, 1913.

One or two witnesses testified that Burt Grant's correct...